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How can an accused prove his innocence if the rape complainant is a 16 yr old? No dna, only verbal complain.

Usa, Mobile, AL |

The accused admitted of being kissed and touched by d victim but there was no sexual intercourse..the alleged victim is 16 yet is actively in sex and smoking and cuts off school. Can these factors be presented to prove that the girl is not innocent and is aware of the situation?

Attorney Answers 3


  1. Assuming the "victim" was 16 years old at the time of the incident, the rape charge would involve force or drugs/alcohol. The Rape Shield laws will pose some problems. You need to hire an attorney immediately. Do NOT try to handle this by yourself. Find an attorney who will sit down and listen to the entire fact pattern. Be prepared to answer some difficult questions. Remember that your conversation with your lawyer is privileged. Then begin to plan a defense today. Do not wait for the arrest warrant or even the "interview." Time is never on the defendant's side.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. IT IS NOT LEGAL ADVICE. The response given is based upon the limited facts presented in the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law in the States of Alabama and Nebraska. Responses are based solely on Alabama law unless stated otherwise. Attorney provides no information with regard to Federal Law except to contact an attorney who is experienced in the Federal Court of relevant jurisdiction. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.


  2. The young lady's sexual activities will not prevent you from being charged with some form of unlawful intercourse.


  3. The defendant will have to make a jury believe that the alleged victim is not telling the truth and has fabricated this allegation.

    Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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